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CR.MA/2572/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2572 of 2008
=========================================================
RAJESH
DARSHANLAL GUPTA - Applicant(s)
Versus
AMIVISION
A PARTNERSHIP FIRM & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) : 1,MR RI SHARMA for
Applicant(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1,
MS
SUDHA C SHUKLA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 16/07/2008
ORAL
ORDER
1. Learned
advocate for the applicant seeks permission to place on record,
certified copy of further statement of respondent-accused. The
document is ordered to be taken on record.
2. Heard
learned advocate Mr.P.M.Lakhani for the applicant. Opponent No.1 is
served but none has appeared. Learned advocate Ms.Sudha C.Shukla
appearing for opponent No.2 is absent.
3. It
appears from the impugned judgment that learned Magistrate has, in
his impugned order, observed that as the petitioner is not having
license under the provisions of Money Lenders’ Act, the debt is not
proved. In the further statement, the respondent accused has raised a
defence that he has repaid the amount.
4. In
view of above, Special Leave to appeal is granted. Application stands
disposed of accordingly.
(Bankim
N. Mehta, J.)
sudhir
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